St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-06-03
MIR. GRIMES MAY RIDE.
A Decision by the Supreme Court
in an Interesting Case.

Judge Berry, of the supreme court,
submitted two decisions yesterday. He
reversed the order of the lower court in
the case of George S. Grimes, VS.. the
Minneapolis, Lyndale u Minnetonka
motor line. j. T. Grimes conveyed to
the motor line company some property,
ON consideration that he, his wife, and
any of his children were to be carried
free of charge. The motor line COM
pany refused To- allowshi son, George
S. Grimes, the plaintiff, to ride free, on
the ground that the company had made
it a rule that it would not issue any
passes, but the court holds that the
plaintiff was under no obligation to ask
for pass, and his right to ride free is
not based upon the question of passes or
anything else, but the fact that his
father purchased that privilege for him.
"A new trial is granted. Here is the
language of the syllabus:
George S. Grimes, appellant VS.. The Mime
apolis Lyndale d Minnetonka Railway
company, respondent
Syllabus-G and wife conveyed to de-
PENDANT certain land for the purposes of
of its railway, and in consideration of the
conveyance defendant agreed to carry said
G wife and any of their children free of
charge'' in the passenger cars run upon its
road. Plaintiff is one of the children men
toned Held, that the effect of defendants
agreement is to entitle the plaintiff to be car
ried free Of charge. The fact that his father
purchased and paid for this right of free car
rage is not important. The plaintiffs right
is as complete rs if he had purchased and
paid for it himself, and its Infringement
whether tortious or otherwise, is wrong to
him for which he has his action. As a reas-
enable regulation of its business for the pur-
pose of preventing impositions the
defendant might very properly have
-11rnVidAd MIA wit n nos md ,i,-aI
him TO exhibit to conductors. But the plain
tiff was under no obligation to apply for one,
and If none was furnished him he had the
right TO be carried without one. If defend
ant, as appears in this case, made it rule
to issue no passes, then it was its duty to in
form the conductors of plaintiffs rights, and
instruct them to allow them. Order appealed
from, reversed and new trial granted.
BEREY,J.
Ann NJ. Wilcox, respondent, VS.. C. w. Com
stock, appellant.
Syllabus-Defendant made his promissory
note to j.. by whom it was Endorsed before
maturity, to Wilcox, who indorsedit to plain
tiff, by whom this action was brought upon
1t: Upon The theory that the note fell due
While in Wilcox's hands and before its in
dorsement TO plaintiff defendant undertakes
to defeat the action by setting up claim
against Wilcox on account of unsettled part
nershlp business between them, as the result
OF which he claims Wilcox will upon ac-
counting and settlement owe him balance.
He'd, that the defendant cannot, at any rate.
be allowed TO thus set uD said matter withont
on accounting between him and Wilcox and
that he cannot have such accounting unless
wilcox IS made Il party TO the proceeding in
winch 1t IS sought. Order denying new trial
"AI4neu. BERRY. j.
me cases Of Nellie y. Curran ct al an
pelants, vs.. Emil ". Kirby ct al respond
ents. and Ile:.iy iicnscl. appellant, VS.. Chi
caSo, St Pau minneapolis * Omaha Railway
company. T2s..oHCcut, were argued and sub
United. and THAT Of John Johnson appellant.
VS.. Ida Berg ct al. respondents was sub
United on briefs, i'll the supreme court yes
terday.
DISTRICT CALENDER CALL.
The following jury cases have been
set for tO-tldy:
J.Austin {. son against E. C. Long.
leonard Leigh against q. f. Foster, Son
LOUIS \. Nolette against Holland e.
Thompson.
The following court cases have been
set for a hearing to-day:
F. G. Draper q Co. against Duncan Nc
Dougal etal.
John G; Horrigan against Edmund Rice,
Isaac a. Hartman against the County of
Ramsey.
John j. Cullen ct al. against Martin o'Day
ct al.
Bros
COURT NOTES.
Michael LaoroS Frenchman living on the
West side, was arraigned in the police court
yesterday, charged with highway robbery.
He was Implicated in ''holding up Peter
Larte, a respectable citizen on Robinson
street, two weeks ago, and robbing him of
$53.
The three applicants for admission to the
bar, examined Wednesday by II. r. Bigelow
and C.-N. Bell, were deuied admission. the
committee being of the opinion that they
would make better progress hereafter if their
applications were denied. ~s~
The case of A. n. and D. G. Barringer
against Jacob Stoltz was tried yesterday be-
fore Judge Wilkin. 1t was an action to en-
foyce the specific performance of real es-
state contract. The jury rendered sealed
yTe1dict last night
The case of the Chicago Lumber company
against s.; d. Folsom, Jr., was tried before
euStls Kelly yesterday and the jury rendered
q seatcd verdict last night. 1t was al action
70 recover $3.50 on promissory notes.
The case of Nels j. Ness against Cyrus j.